Limud Torah

with Rav Chaim

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GIVING AN EARLY MILA

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The Minchas Chinuch says that if someone gets a Mila before the eighth day, he's not an Oral anymore and doesn't have any obligation from the Torah to have a Mila. The obligation for a Hatafas Dam Bris would only be MiDarabanan. The Mitzva for a Mila is only on an Oral, but without the Orlah, there is no obligation at all. This would be compared to the Mitzva of Tzitzis. There is no obligation only if you have a four cornered clothing.
  Though the Mitzva is a lot more than just removing the Orlah. It has it's own Halachos, and if done incorrectly, it would be Mivatel the Mitzva. Still, since the object of the Mitzva was not there at the time of the Mitzva , there is no Mitzva. This is compared to Biur Chametz according to those that hold you can only burn it. Even though if you would throw the Chametz in the river Erev Pesach you would be Mivatel the Mitzva, but if you don't have any Chametz Erev Pesach, then you don't have the Mitzva to begin with.
 
To be continued..............
 

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